Q: I have a question about having a Michigan "Assault w/intent to do GBH less than murder"" charge expunged.
My son is being offered a plea deal and his court appointed attorney said that in about 5 years, he could get the felony expunged. He has been in jail for 13 months and his trial keeps getting moved out. Can this type of felony be expunged? I am just seeking a second opinion before my son accepts this plea. Thank you.
A:
Yes it can. But because it's an assaultive crime, the victim would be contacted for the expungment and have an opportunity to weight in. And like any expungment, just because a person is eligible doesn't mean the judge has to grant it.
I would not take a plea - felony or otherwise - on the premise that I can just expunge it some day. That is true for almost all crimes except life offenses. But during the interim, your son will have a felony conviction on his record.
But take all this and consider the current reality for your son: plea offers are not made with consideration about expungments. The prosecutor may have a strong case against your son, and whether or what your son can expunge at some future date isn't part of the equation. Your son needs to weigh what the offer is now compared to what he faces if he goes to trial and loses. And with a case going on this long, it's unlikely the prosecutor will suddenly offer a misdemeanor or anything like that.
Only your son's attorney can speak on what trial looks like and the odds of prevailing; your son needs to take that information and decide for himself.
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